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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: We’re separated, house is titled in one name. Both parties clearly have a financial interest in the house.

We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K

Mike Branum
Mike Branum answered on Sep 24, 2021

You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona, how long can someone be incarcerated in county jail without formally being charged with a set of charges ?

My fiance' was out on pretrial services as well as on probation and was arrested for alleged crimes for which he has not yet been charged officially. The prior charges he was out on pretrial for, yes, and there WAS a probation revocation hearing set but has not been had yet. It seems as though... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Sep 20, 2021

Within 24 hours of arrest, he was supposed to see a judge to determine release conditions. From what you are saying this sounds like a probation hold. The probation officer has a lot of descretion and even if there not a new charge if the PO has a reason to believe probation has been violated,... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I was arrested for shoplifting on 9/14/2021. I have a court date of 9/30. I want to get it expunged from my record.

I know I need a lawyer to represent me. What does the lawyer do on their part to do this. Why do I need a lawyer to do this. What do they do to get this to go through? It is my first offense. The shoplifting cost I took was $130.00.

Mike Branum
Mike Branum answered on Sep 16, 2021

Arizona does not expunge criminal records (with the exception of marijuana possession charges and that has occurred in the last year). The arrest will be with you forever. You may be able to negotiate a deferred entry of judgment. Deferred entry would mean that if you stay out of trouble (usually... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Arizona on
Q: If a misdemeanor was dismissed in virginia do I need to disclose it in an interview in Arizona?

Pleaded guilty but was dismissed in Virginia. Do I have to disclose the misdemeanor in an interview or asked?

Will a dismissed case affect my chances of getting hired ?

Mike Branum
Mike Branum answered on Sep 10, 2021

Ah, the lawyer's favorite answer: "It depends."

If the question is: "Have you ever been charged, arrested, accused, etc. of a crime (if they either do not specify or specifically mention misdemeanors)?" then you would be untruthful if you replied in the negative....
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: o you have the right to defend yourself from an arrest that you know is unlawful with the same force that the officer is

doing to you?

Mike Branum
Mike Branum answered on Sep 3, 2021

I wouldn't recommend it. Technically, yes, but dead right is still dead. The appropriate time to challenge the legality of an arrest is not mid-arrest.

The answer would have been markedly different in Arizona in 1871 but this is 2021. Law enforcement has Motorola. Even justified use of...
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1 Answer | Asked in Criminal Law for Arizona on
Q: What if you didnt know you was breaking the law and was told by your parole officer that itwas ok to cut you monitor off

It was cut off for medical reasons

Mike Branum
Mike Branum answered on Aug 29, 2021

"Ignorance of the law is not a defense."

Someone, at some point, told you that tampering with the monitor could result in additional charges. I wouldn't try telling the Court that your PO said it was okay. I don't see that going well for you.

1 Answer | Asked in Criminal Law for Arizona on
Q: if a class 1 misdemeanor (shoplifting) is found guilty will that person spend time in jail? if so for how long(State Az

Can it Be Expunged, if the person has no previous criminal record

Matthew Maerowitz
Matthew Maerowitz answered on Aug 16, 2021

Whether the prosecutor is seeking jail and/or the judge imposes jail depends on a lot of factors including the value of items and criminal history. Maximum jail for a class 1 misdemeanor is 6 months jail. There is no mandatory minimum jail for misdemeanor shoplift. For a first offense a lot of... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Arbitration / Mediation Law for Arizona on
Q: Re U-Haul charges for stolen truck under my name. I did get the insurance on the truck and will be pressing charges

U-Haul still wants to charge me for stolen vehicle and who know what else.

I want to know what is the first best route to start this legally. Should I arbitrate or go to court...based on not much experience.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2021

An Arizona attorney could advise best, but your question remains open for two weeks. There could be provisions in your agreement that address arbitration. Some contracts have clauses that require arbitration over court - some contracts do not have such clauses. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Juvenile Law for Arizona on
Q: What would be the consequences of a 17 year old who takes advantage of older men and ends up getting them in trouble

Playing the victim and letting these men think beforehand that it was love and was trusted even at times being lied to saying they were an older age. Sending pictures and instigating it

Mike Branum
Mike Branum answered on Aug 6, 2021

I cannot think of any earthly consequences, civilly or criminally. The burden is on the "older men" to be wise enough not to be ensnared by any wily 17-year-olds. Once a male present in the State of Arizona turns 19, anyone under 18 is off limits.

Any female "sending pictures...
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1 Answer | Asked in Criminal Law for Arizona on
Q: My son's public record reads Disposition: Court Dismissal" What does that mean?

My son has a drug charge that he has not had to pay any fines on and spent less than 10 hours in jail. We live in a different county but same state. Issued a probation officer from county where we live who has indicated to my son he has a warrant for probation violation [did not do drug testing]... Read more »

Brian C. Soto
Brian C. Soto answered on Jul 15, 2021

I would highly recommend contacting the clerk of the court directly. Often times defendant’s are charged with multiple counts and may have, as part of a plea agreement, had some counts “dismissed by the court” while being convicted of a separate count.

Hopefully, your sons case is...
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1 Answer | Asked in Animal / Dog Law, Criminal Law, Civil Litigation and Small Claims for Arizona on
Q: The person we had TEMPORARILY caring 4 our dog as we searched for a place to live, is trying to keep him. What can I do

Someone had been watching our dog as we looked for a place to live. Among other things, the pandemic prolonged the time it took to do so (4 months). Right before we were to contact the guy to get our dog, he randomly texted and said he killed the dog and threw him in the fire. Devistated, we... Read more »

Mike Branum
Mike Branum answered on Jul 2, 2021

Unfortunately, it is not as easy as merely requesting a civil standby. I have not filed a case like this personally, but I believe you should be able to file a case in justice court instead of at the superior court level since all you are seeking is possession of the property (dog). The fees will... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What consequences am i looking at when i go to court on a charge b-1805 shoplifting?
Matthew Maerowitz
Matthew Maerowitz answered on Jun 28, 2021

So it's actually 13-1805, which is the Arizona statute for shoplifting (my guess is that the charges on the complaint were handwritten and the officer's "13" looks like a "B"). As a result, I'm assuming this is misdemeanor shoplifting in which case the maximum... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My son is 17, was detained by border patrol in Az. He was not charged or arrested for anything. Car & phone seized.

How can we get his property back? Did they have the right to seize it if he was not charged w/ anything?

Brian C. Soto
Brian C. Soto answered on Jun 18, 2021

It is not uncommon for Border Patrol to catch and release individuals they suspect are involved in criminal activity.

The agents seem to have a great deal of discretionary power in this regard.

It may be in your son’s best interest to speak to a federally licensed attorney as he...
Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Arizona on
Q: I am applying for my citizenship, i have been LPR for 7 years now, divorced. i had a criminal history?

I have green card for 7 years now, I had a criminal history- Felony theft in 2011, charges that changed to a misdemeanor then setaside or expunged back in 2014. Immigration is aware of the charges since it happened before I obtained my green card-LPR. Do I need to mention the charges again on my... Read more »

Agnes Jury
Agnes Jury answered on Jun 16, 2021

You will have to disclose the criminal history in your citizenship application. It can affect your eligibility because one of the requirements for naturalization is good moral character (GMC). An applicant for naturalization must show that he or she has been, and continues to be, a person of good... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What can I do if I am being harassed on the phone? I have photo evidence, he is interfering in custody with my son

My ex's nieghbor

Stephen M Vincent
Stephen M Vincent answered on Jun 16, 2021

Being harassed is grounds for getting a protective order.

We'd probably need to know more to know if you'd qualify for a protective order. You can certainly consult with an attorney before filing one or you can go to the Protective Order Center at the nearest Superior Courthouse...
Read more »

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Arizona on
Q: Do I need a lawyer to represent me for a class two misdemeanor boating violation in Arizona?

I had no idea it was a criminal offense to let the kids sit on the transom on the back of the boat. This is crazy. Suggestions?

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

In terms of suggestions, one option as a starting point is to reach out to a criminal defense attorney in Arizona for an initial consult to discuss the most sensible and cost-effective options, based on the violation. You're correct to include Admiralty - Maritime. But given that you are in... Read more »

2 Answers | Asked in Criminal Law for Arizona on
Q: Did my rights need to be read in this situation?

recently i was riding a dirtbike on the road doing wheelies my bike stalled and they ran to me and got me put me in handcuffs and in back of cop car I was later let go about 40mins from back of the cop car with 3 tickets but never read my rights does that matter at all in that situation at first... Read more »

Brian C. Soto
Brian C. Soto answered on May 30, 2021

Miranda rights are an advisory of certain rights police are required to inform a suspect of before conducting a custodial interrogation. Custodial interrogation is based on a totality of the circumstances, but in short it occurs when police ask investigatory questions of a suspect who police have... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for Arizona on
Q: Is this pediatricians encouraging parents to violate cp laws?

"Mink says pediatricians should ask parents to video-tape the episodes before performing invasive and often expensive tests that could be unnecessary."

Um.... Doesn't us code 2252 and 2251 prohibit people from recording their children engaging in these types of activities?... Read more »

Mike Branum
Mike Branum answered on May 28, 2021

If a pediatrician asked a parent to videotape a behavior for diagnostic purposes, I believe a court would find such recording an exception to any law prohibiting such. If the person doing the recording was my client, I would ensure it is delivered to the physician as soon as possible after... Read more »

1 Answer | Asked in Estate Planning, Criminal Law and Probate for Arizona on
Q: Heir of an intestate Arizona estate engaged in discovery. Estate had conservator for 5 years. What order do I need?

My subpoena revealed account numbers & signature cards. During a meeting with the banker they looked up one of the accounts & said there had been a substantial amount of activity giving the impression business was being conducted from an account. A call was made with me present. Banker said... Read more »

Andre L. Pennington
Andre L. Pennington answered on Mar 24, 2021

You'll likely need to hire an experienced probate attorney to help with this. It's a complicated situation that is impossible to answer with the information provided.

2 Answers | Asked in Criminal Law for Arizona on
Q: I requested to have my judgement set aside and have been denied, for the reason ARS 13-907(E). I need assistance.

I have had no legal trouble before of after my judgement in 2013. In my plea agreement, the court was reduced to "non dangerous". Specifically 13-907 #2 the only "register" I had was enter into probation for the charges of aggravated assault, (non dangerous, non repetitive).... Read more »

Mike Branum
Mike Branum answered on Mar 23, 2021

E. This section does not apply to a person who was convicted of a criminal offense:

1. Involving a dangerous offense.

2. For which the person is required or ordered by the court to register pursuant to section 13-3821.

3. For which there has been a finding of sexual...
Read more »

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